The Department of Telecommunications (DoT) has sought fresh legal opinion from Additional Solicitor General (ASG) A S Chandhiok on the 3G roaming pact between Airtel, Vodafone and Idea Cellular. DoT wanted to know whether it can stop these telcos from offering 3G services beyond their licensed zones through mutual roaming pacts.

DoT also sought clarity on whether it can levy penalty on the telcos for violating licence conditions by offering 3G services. These operators have the permission to offer only 2G services.

Last month the Telecom Disputes Settlement and Appellate Tribunal (TDSAT) had given a split verdict in the 3G intra circle roaming case in which the operators had challenged government’s directive to stop offering 3G services beyond their licensed zones through mutual roaming pacts.

The decision was significant for Bharti Airtel, Vodafone's Indian unit and Idea Cellular which offered 3G services in most parts of the country because of the pacts.

The two member bench comprising TDSAT chairman Justice S.B. Sinha and member P.K. Rastogi had held different views in the case.

Justice Sinha had allowed the telecom operators’ plea against the government’s directive to stop intra circle 3G roaming saying that it was violative of natural justice. Rastogi, however, dismissed telecom operators’ plea saying they cannot provide roaming.

In December last year, the government had come in for sharp criticism by leading telcos, Bharti Airtel, Idea Cellular and Vodafone-for nullifying 3G roaming pacts. The Department of Telecommunications (DoT) has issued a notice to these telcos declaring the 3G roaming pacts as illegal.

While Bharti Airtel had called the move as ‘arbitrary’, Vodafone termed it ‘unreasonable’ and ‘irrational’ saying it would affect the millions of its customers.